The London Authorities (Transfer of Housing Estates etc.) Order 1973

Article 14

SCHEDULE 1TERMS OF TRANSFER OF HOUSING ACCOMMODATION DESCRIBED IN SCHEDULE 1 OF THE DEPOSITED SCHEDULES

PART IPAYMENTS TO THE GREATER LONDON COUNCIL

1.  In the year ending on 31st March 1974, a transferee authority shall pay to the Greater London Council by quarterly installments in arrears a sum being the amount of the rents which were receivable by the latter authority on 31st March 1973, less the following amounts:—

(i)the estimated value of rent rebates on 31st March 1973 applicable to the said rents calculated as if the housing accommodation had not been transferred, less the estimated amount which the Greater London Council would have received by way of rent rebate subsidy if the housing accommodation had not been transferred; and

(ii)an amount representing the proportion of “reckonable expenditure” (as determined by the Secretary of State under section 4 of the Housing Finance Act 1972) which would have been attributed in the year ending 31st March 1973 to the costs to the Greater London Council of management and maintenance of the housing accommodation transferred by this order if it had not been so transferred.

2.  In the year ending on 31st March 1975 and in each subsequent year until 31st March 1983 a transferee authority shall pay to the Greater London Council by quarterly installments in arrears a sum being the amount of the rents which would have been receivable by the latter authority on 31st March 1974 if the housing accommodation had not been transferred, less the following amounts:—

(i)the estimated value of rent rebates on 31st March 1974 applicable to the said rents, less the estimated amount which the Greater London Council would have received by way of rent rebate subsidy in the year ending 31st March 1974 if the housing accommodation had not been transferred; and

(ii)an amount representing the proportion of “reckonable expenditure” (as determined by the Secretary of State under section 4 of the Housing Finance Act 1972) which would have been attributed in the year ending 31st March 1974 to the costs to the Greater London Council of management and maintenance of the housing accommodation transferred by this order if it had not been so transferred.

3.  In this Schedule—

references to rents receivable on, and to rent rebates on, 31st March in any year are references to the amount of those rents, or as the case may be of those rent rebates, for the year immediately after the said date;

references to rents, rebates, costs of management and costs of maintenance are references to the rents, rebates or costs in respect of the housing accommodation transferred by article 4 to the transferee authority;

references to rent rebate subsidy are references to the rent rebate subsidy payable under sections 1 and 6 of the Housing Finance Act 1972.

4.  In the calculation of the amount of payments for the purposes of this Schedule, no regard shall be taken of any improvement carried out wholly or partly at the expense of a transferee authority or of any disposal or demolition of housing accommodation transferred.

5.  In the calculation of rent rebates for the purposes of this Schedule, no regard shall be had to any change of tenancy after 31st March 1973

6.  Where a transferee authority takes any action in respect of housing accommodation transferred by article 4 which results in the reduction or withdrawal of any grant or subsidy payable, that authority shall pay to the Greater London Council such sum (whether annually or as a single amount) as may be agreed to represent the value of the grant or subsidy which would have been paid.

7.  After 31st March 1983, a transfered authority shall pay to the Greater London Council such sum as may be agreed to meet the liabilities of the latter authority with respect to the housing accommodation transferred by article 4 to the transferee authority, and any such agreement may include terms as to payment over a period and as to the allocation of any grant or subsidy receivable by the Greater London Council.

PART IISUMS PAYABLE BY THE GREATER LONDON COUNCIL

1.  By 30th September 1973 the Greater London Council shall pay to each transferee authority the sum calculated under this Part of this Schedule.

2.  The sum referred to in paragraph 1 above is

of the amount of the total balance of the Key Deposit Fund of the Greater London Council on 31st March 1973, where— p is that number of dwelling to which the said account relates account which are transferred by article 4 to the transferee authority; andq is the total number of dwellings to which the Housing Revenue Account of the Greater London Council relates on 31st March 1973.

PART IIILIABILITIES OF THE GREATER LONDON COUNCIL

1.  The Greater London Council shall remain liable for the repayment of money borrowed by them prior to 1st April 1973 in respect of any property transferred by article 4.

2.  The Greater London Council shall meet the full amount of any claim as to an act of negligence or breach of statutory duty made by a third party against them in respect of any property transferred by article 4, provided that such claim.

(a)relates to an act or breach committed before 1st April 1973; and

(b)is settled for an amount in excess of £100.

3.  The Greater London Council shall meet all costs of repair and minor improvements started or contracted for before 1st April 1973.

Article 19

SCHEDULE 2TERMS OF TRANSFER OF HOUSING ACCOMMODATION DESCRIBED IN SCHEDULE 2 OF THE DEPOSITED SCHEDULES

PART IPAYMENTS TO THE GREATER LONDON COUNCIL

1.  In respect of properties described in paragraphs 1(a) of the Parts of Schedule 2 of the deposited Schedules, the appropriate transferee authority shall from the relevant date—

(a)assume liability for all repayments of principal, interest and management expenses relating to the loan debt outstanding at the relevant date on the properties transferred (including the cost of the land) and due to the consolidated loans fund of the Greater London Council; and

(b)discharge such liability by making payments to the Greater London Council of such amounts and at such times each year as shall be agreed between the Greater London Council and the transferee authority.

2.  In respect of those properties described in paragraphs 1(b) of the Parts of Schedule 2 of the deposited Schedules, the Greater London Council shall remain liable for making all repayments of principal, interest or management expenses relating to the loan debt outstanding at the relevant date on the properties transferred, and the appropriate transferee authority shall with respect to such properties pay to the Greater London Council a capital sum or sums notified by the Greater London Council to the transferee authority as amounting in total to the cost of provision of the properties (including the cost of the land), such capital sum or sums to become payable either on the relevant date or, if not notified to the transferee authority by that date, on such later date or dates as may be specified by the Greater London Council.

PART IISUMS PAYABLE BY THE GREATER LONDON COUNCIL

The Greater London Council shall pay from its Key Deposit Fund to each transferee authority on or after the relevant date the sum of £1 for each property transferred on the following estates—

PART IIILIABILITIES OF THE GREATER LONDON COUNCIL

1.  The Greater London Council shall remain liable for the repayment of money borrowed by them prior to the relevant date in respect of any property described in paragraphs 1(b) of the Parts of Schedule 2 of the deposited Schedules.

2.  The Greater London Council shall meet the full amount of any claim as to an act of negligence or breach of statutory duty made against them by a third party in respect of any property transferred by article 4, provided that such claim—

(a)relates to an act or breach committed before the relevant date; and

(b)is settled for an amount in excess of £100.

3.  The Greater London Council shall meet all costs of repair and minor improvements started or contracted for before the relevant date.

Article 23

SCHEDULE 3TRANSFER OF OFFICERS STAFF EMPLOYED IN CONNECTION WITH PROPERTY TRANSFERRED BY ARTICLE 4

Description of officers

1.  The following officer, being an officer employed for not less than one half of his time on duties in connection with property transferred by article 4,—

old peoples' warden.

2.  Any other officers specified by the Greater London Council with the approval of the transferee authority as being officers affected by the transfer of property by article 4.